Supreme Court Reviews Public Interest Litigation Concept Amid Government Concerns
Centre Suggests Removal Of PILs As Concept, Supreme Court Says It Exercises Caution
News 18
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The Indian central government has proposed the removal of public interest litigation (PIL) as a legal concept, arguing it has become outdated. During a Supreme Court hearing on Sabarimala review petitions, Solicitor General Tushar Mehta stated that PILs now often serve hidden agendas rather than genuine public interest.
- 01The central government suggests that public interest litigation (PIL) has outlived its purpose.
- 02Solicitor General Tushar Mehta argues that technological advancements have improved access to justice.
- 03PIL filings have increased significantly, from 25,000 in 1985 to over 70,000 in 2019.
- 04Chief Justice Surya Kant emphasizes the court's caution in handling PILs.
- 05Judicial intervention may still be necessary in cases involving fundamental rights.
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The Indian central government has called for the removal of public interest litigation (PIL) as a legal concept, asserting that it has become outdated and is often misused. During a Supreme Court hearing regarding the Sabarimala review petitions, Solicitor General Tushar Mehta highlighted that PILs were initially designed to assist those unable to access the courts due to various barriers such as poverty and illiteracy. However, he noted that advancements in technology and legal aid have largely mitigated these issues. Mehta expressed concern that many current PILs are driven by hidden interests rather than genuine public grievances, with the number of annual filings increasing from 25,000 in 1985 to over 70,000 by 2019, with only a small fraction deemed legitimate. Chief Justice of India Surya Kant acknowledged the court's cautious approach in dealing with PILs, stating that guidelines are in place to filter out frivolous petitions. The discussion also touched on the admissibility of petitions from non-devotees in religious matters, suggesting that not all such petitions warrant judicial intervention, although the court recognized the necessity of intervention in cases involving fundamental rights.
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If PILs are removed as a legal concept, it could significantly affect access to justice for marginalized groups who rely on them to address grievances.
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